THE CORPORATIONS LAW

CHAPTER 1 - INTRODUCTORY

PART 1.2 - INTERPRETATION

Division 8 - Miscellaneous interpretation rules

SECTION 109DA   EXERCISE OF CERTAIN POWERS BETWEEN PASSING AND COMMENCING OF AMENDMENTS OF LAW  

109DA(1)  [Application]  

This section applies where an Act (in this section referred to as the Act concerned), being:

(a)  an Act enacted on or after the date of commencement of this section that is not to come into operation immediately upon its enactment; or

(b)  an Act enacted before the date of commencement of this section that did not come into operation on or before that date;

results in the amendment of this Law so that this Law, as amended, will confer power to make an appointment or to make an instrument of a legislative or administrative character (including rules, regulations or by-laws).

109DA(2)  [Before Act concerned commences]  

Unless the contrary intention appears, the power so conferred may be exercised, and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment or instrument into effect, before the Act concerned comes into operation as if it had come into operation.

109DA(3)  [Effective date of appointment or instrument]  

An appointment or instrument made under subsection (2) or, if the instrument contains a number of provisions, each of those provisions, takes effect:

(a)  on the day on which the Act concerned comes into operation; or

(b)  on the day on which the appointment, instrument or provision, as the case may be, would have taken effect if the Act concerned had been in operation when the appointment or instrument was made;

whichever is later.

109DA(4)  [Making or publication of proclamation or other instrument]  

Where a provision of this Law is to come into operation on a date to be fixed by a Proclamation or other instrument, the Proclamation or other instrument may be made and published at any time after the enactment of the originating provision.

109DA(5)  [Interpretation]  

In subsections (1), (2), (3) and (4):

``Act'' includes a provision or provisions of an Act;

``Law'' includes a provision or provisions of this Law.

109DA(6)  [Regulations]  

This section applies in relation to a regulation that results in the amendment of the Corporations Regulations so that those Regulations, as amended, will confer power to make an appointment or to make an instrument of a legislative or administrative character, and so applies as if:

(a)  the first-mentioned regulation were an Act; and

(b)  the Corporations Regulations were this Law.